Go to: OVERVIEW (SaveOurCounty) DETAILS (listener) PLANNING SCHOOLS ENVIRONMENT EROSION     Report corrections & broken links to Webmaster Get updates on local issues

IN THE CIRCUIT COURT OF JEFFERSON COUNTY, WEST VIRGINIA Case No. 01-P-70

JAMES T. SURKAMP, Petitioner,

vs.

JEFFERSON COUNTY PLANNING COMMISSION, a public body; and SCOTT COYLE, President; ARNOLD W. DAILEY, JR., Member; SAMUEL J. DONLEY, JR., Member; DAVID M. HAMMER, Member; DEAN HOCKENSMITH, Member; ROSELLA KERN, Member; F. MARK SCHIAVONE, Member; RENNY T. SMITH; Member; CHRIS STILES, Member; ELIZABETH BLAKE, Member; MATFHEW W. WARD, Member; P. DAVID MILLS, Member; JAMES GIBSON, Member; RUSSEL ROPER, Member; and PHILIP COFFEY, Member. Respondents.

RECEIVED JUN 07 2001 JEFFERSON COUNTY CIRCUIT COURT

PETITION FOR A WRIT OF CERTIORARI

To the Honorable Judge of said Court: Your Petitioner respectfully represents as follows:

1. This Petition for a Writ of Certiorari is brought before the Circuit Court pursuant to §8-24-38 of the West Virginia Code.

2. The Petitioner, James T. Surkamp, is a citizen and resident of Jefferson County, West Virginia.

3. The Respondents are the Jefferson County Planning Commission, a public body (hereinafter referred to as the "Commission" which has been established and is validly existing pursuant to §8-24-1, et seq., of the West Virginia Code; and the duly appointed members of the Commission.

4. Petitioner is aggrieved by a decision of the Commission, which was rendered at a meeting of the Commission held on May 8, 2001, to accept a Community Impact Statement for the proposed "Hunt Field" subdivision. The Community Impact Statement relates to the proposed development by Greenvest L.C. of a tract of land in Jefferson County, West Virginia, owned by F & M Bank - Winchester, of Winchester, Virginia, and consisting of approximately 1000 acres, and located approximately one mile south of the City of Charles Town.

5. Said Community Impact Statement is not in compliance with the requirements of the Subdivision Ordinance of Jefferson County.

6. The action or decision of the Commission to accept the Community Impact Statement is illegal in that the Commission, in reaching its decision, has applied erroneous principles of law, was plainly wrong in its factual fmdings, and has acted beyond its powers and jurisdiction. The action of the Commission was in violation of constitutional and statutory provisions; in excess of the statutory authority and jurisdiction of the Commission; made upon unlawful procedures; affected by other error of law; clearly wrong in view of the reliable, probative and substantial evidence on the whole record; and arbitrary and capricious and characterized by abuse of discretion and clearly unwarranted exercise of discretion.

7. Petitioner is unable to assert more specific errors because the Commission has not yet issued written Findings of Fact or Conclusions of Law in support of the action taken at the meeting on May 8,2001.

WHEREFORE, Petitioner prays as follows:

1. That a Writ of Certiorari be issued.

2. That the Respondents be required to render written Findings of Fact and Conclusions of Law in support of the action taken at the meeting of the Commission held on May 8, 2001, to accept a Community Impact Statement for the "Hunt Field" subdivision.

3. That upon the filing of said written Findings of Fact and Conclusions of Law, the Petitioner be allowed to file an Amended Petition asserting specific errors made by the Commission.

4. That this Court render a judgment determining that the action taken at the meeting of the Commission held on May 8, 2001, to accept a Community Impact Statement for the "Hunt Field" subdivision is illegal and void.

5. That the Petitioner be awarded his costs, expenses and attorney fees.

Respectfully,

JAMES T. SURKAMP, Petitioner, By counsel.

Thomas R. Michael, WV Bar No. 2546

Michael & Kupec, 228 Court Street, Clarksburg, WV 26301, 304-623-6678